I 

112TH CONGRESS 

1ST SESSION H. R. 1687 

To amend chapter 329 of title 49, United States Code, to ensure that 

new vehicles enable fuel competition so as to reduce the strategic importance of oil to the United States. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 3, 2011 

Mr. SHIMKUS (for himself, Mr. ENGEL, Mr. BARTLETT, and Mr. ISRAEL) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To amend chapter 329 of title 49, United States Code, 

to ensure that new vehicles enable fuel competition so 

as to reduce the strategic importance of oil to the United 

States. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Open Fuel Standard 

5 Act of 2011’’. 


tjames on DSKG8SOYB1PROD with BILLS
2 

•HR 1687 IH

1 SEC. 2. OPEN FUEL STANDARD FOR MOTOR VEHICLES. 

2 Chapter 329 of title 49, United States Code, is 

3 amended by inserting after section 32905 the following 

4 new section: 

5 ‘‘§ 32905A. Open fuel standard for motor vehicles. 

6 ‘‘(a) REQUIREMENTS.—Except as provided in sub7 section (c), each manufacturer’s fleet of covered vehicles 

8 for a particular model year shall be comprised of— 

9 ‘‘(1) not less than 50 percent qualified vehicles 

10 beginning in model year 2014; 

11 ‘‘(2) not less than 80 percent qualified vehicles 

12 beginning in model year 2016; and 

13 ‘‘(3) not less than 95 percent qualified vehicles 

14 beginning in model year 2017 and each subsequent 

15 year. 

16 ‘‘(b) ADDITIONAL DEFINITIONS.—As used in this 

17 section— 

18 ‘‘(1) the term ‘covered vehicle’ means a pas19 senger automobile, and includes a light-duty motor 

20 vehicle; 

21 ‘‘(2) the term ‘qualified vehicle ’ means covered 

22 vehicle that— 

23 ‘‘(A) has been warranted by its manufac24 turer to operate solely on natural gas, hydro25 gen, or biodiesel; 

26 ‘‘(B) is a flexible fuel vehicle; 


tjames on DSKG8SOYB1PROD with BILLS
3 

•HR 1687 IH

1 ‘‘(C) is a plug-in electric drive vehicle; 

2 ‘‘(D) is propelled solely by fuel cell that 

3 produces power without the use of petroleum or 

4 a petroleum-based fuel; or 

5 ‘‘(E) is propelled solely by something other 

6 than an internal combustion engine, and pro7 duces power without the use of petroleum or a 

8 petroleum-based fuel; 

9 ‘‘(3) the term ‘flexible fuel vehicle’ means a ve10 hicle that has been warranted by its manufacturer to 

11 operate on gasoline, E85, and M85; 

12 ‘‘(4) the term ‘E85’ means a fuel mixture con13 taining 85 percent ethanol and 15 percent gasoline 

14 by volume; 

15 ‘‘(5) the term ‘M85’ means a fuel mixture con16 taining 85 percent methanol and 15 percent gasoline 

17 by volume; 

18 ‘‘(6) the term ‘biodiesel’ means diesel fuel which 

19 has been produced from a non-petroleum feedstock 

20 and which meets the standards of ASTM D6751–03; 

21 ‘‘(7) the term ‘plug-in electric drive vehicle’ has 

22 the meaning given such term in section 508(a)(5) of 

23 the Energy Policy Act of 1992 (42 U.S.C. 

24 13258(a)(5)); and 


tjames on DSKG8SOYB1PROD with BILLS
4 

•HR 1687 IH

1 ‘‘(8) the term ‘light-duty motor vehicle’ means 

2 a light-duty truck or light-duty vehicle as such terms 

3 are defined in section 216(7) of the Clean Air Act 

4 (42 U.S.C. 7550(7)) of less than or equal to 8,500 

5 pounds gross vehicle weight rating. 

6 ‘‘(c) TEMPORARY EXEMPTION FROM REQUIRE7 MENTS.— 

8 ‘‘(1) APPLICATION.—A manufacturer may re9 quest an exemption from the requirement described 

10 in subsection (a) by submitting an application to the 

11 Secretary, at such time, in such manner, and con12 taining such information as the Secretary may re13 quire by regulation. Each such application shall 

14 specify the models, lines, and types of automobiles 

15 affected. 

16 ‘‘(2) EVALUATION.—After evaluating an appli17 cation received from a manufacturer, the Secretary 

18 may at any time, under such terms and conditions, 

19 and to such extent as the Secretary considers appro20 priate, temporarily exempt, or renew the exemption 

21 of, a light-duty motor-vehicle from the requirement 

22 described in subsection (a) if the Secretary deter23 mines that unavoidable events not under the control 

24 of the manufacturer prevent the manufacturer of 


tjames on DSKG8SOYB1PROD with BILLS
5 

•HR 1687 IH

1 such automobile from meeting its required produc2 tion volume of qualified automobiles, including— 

3 ‘‘(A) a disruption in the supply of any 

4 component required for compliance with the 

5 regulations; or 

6 ‘‘(B) a disruption in the use and installa7 tion by the manufacturer of such component. 

8 ‘‘(3) CONSOLIDATION.—The Secretary may 

9 consolidate applications received from multiple man10 ufacturers under subparagraph (A) if they are of a 

11 similar nature. 

12 ‘‘(4) CONDITIONS.—Any exemption granted 

13 under paragraph (2) shall be conditioned upon the 

14 manufacturer’s commitment to recall the exempted 

15 automobiles for installation of the omitted compo16 nents within a reasonable time proposed by the man17 ufacturer and approved by the Secretary after such 

18 components become available in sufficient quantities 

19 to satisfy both anticipated production and recall vol20 ume requirements. 

21 ‘‘(5) NOTICE.—The Secretary shall publish in 

22 the Federal Register— 

23 ‘‘(A) notice of each application received 

24 from a manufacturer; 


tjames on DSKG8SOYB1PROD with BILLS
6 

•HR 1687 IH

1 ‘‘(B) notice of each decision to grant or 

2 deny a temporary exemption; and 

3 ‘‘(C) the reasons for granting or denying 

4 such exemptions. 

5 ‘‘(d) RULEMAKING.—Not later than 1 year after the 

6 date of enactment of this Act, the Secretary shall promul7 gate regulations as necessary to carry out this section.’’. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS